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- NC Family Law Resource Center
To get a no-fault divorce, you and your spouse must meet two basic requirements:
You may have heard some myths about divorce in North Carolina. Here are the facts:
Most divorces in North Carolina are no-fault divorces. In some cases, however, the behavior of one spouse can be so offensive – such as in cases of domestic violence – that the other spouse seeks a “divorce from bed and board.”
Unlike a no-fault divorce, a divorce from bed and board is not an absolute divorce.
Instead, divorce from bed and board is a court-ordered separation that helps the complaining spouse settle some marital issues, such as rights to alimony, child visitation and child support. Getting a divorce from bed and board can also cause the at-fault spouse to lose some marital benefits, such as estate rights.
Divorce from bed and board can be confusing and is not often used in North Carolina. Here are things you need to know:
A divorce from bed and board is not a divorce. You are still legally married and are not entitled to remarry.
Keep in mind that this is a simple guide. You should consult a divorce attorney if you have questions involving children or property – and especially before you sign anything.
A separation agreement is a binding contract. Before you sign an agreement or any document provided by your spouse’s attorney, it is wise to speak with a divorce lawyer who can make sure that the document is fair and preserves your rights.
We know that divorce hurts. We can help. If you have questions about no-fault divorce or divorce from bed and board, contact us today.
Last updated April 30, 2015
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